What notices does the Guarantor waive under the Cream franchise agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Each Guarantor waives: (i) all rights to payments and claims for reimbursement or subrogation which any Guarantor may have against Franchise Owner arising as a result of the Guarantor's execution of and performance under this Guaranty; and (ii) acceptance and notice of acceptance by us of Guarantor's undertakings under this Guaranty, notice of demand for payment of any indebtedness or non-performance of any obligations hereby guaranteed, protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed, and any other notices to which he or she may be entitled.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the Guarantor waives certain rights and notices related to their obligations under the guaranty. Specifically, the Guarantor waives acceptance and notice of acceptance by Cream of the Guarantor's undertakings, meaning they won't receive formal confirmation that Cream acknowledges their guarantee.
Additionally, the Guarantor waives notice of demand for payment of any debt or non-performance of any guaranteed obligations. This means Cream doesn't have to notify the Guarantor before demanding payment or addressing non-compliance by the franchisee. The Guarantor also waives protest and notice of default to any party concerning the guaranteed debt or non-performance. This implies the Guarantor won't receive a formal protest or notification if the franchisee defaults on their obligations.
Furthermore, the Guarantor waives any other notices to which they might otherwise be entitled. This broad waiver suggests the Guarantor relinquishes their right to receive various types of communication or alerts related to the franchisee's performance and financial obligations under the franchise agreement. This comprehensive waiver underscores the Guarantor's commitment to ensuring the franchisee's obligations are met, regardless of whether they receive specific notices or demands.
For a prospective Cream franchisee, this means that if a guarantor is required for the franchise agreement, that guarantor will be giving up certain rights to be notified of issues related to the franchise agreement. It is important for anyone acting as a guarantor to understand the implications of waiving these notices, as it could impact their financial obligations.